Reviewed case brief
Bhikaji Narain Dhakras and Ors. v State of Madhya Pradesh
AIR 1955 SC 781
AIR 1955 SC 781 · Supreme Court of India
- Court
- Supreme Court of India
- Year
- 1955
- Subjects
- Constitutional Law I
- Reviewed
- 2026-08-02
Rule established
A pre-Constitution law that is inconsistent with fundamental rights becomes void only 'to the extent of the inconsistency' under Article 13(1); it is not wiped out permanently, and if the fundamental right is later amended to remove the inconsistency, the law revives without re-enactment. This is the 'doctrine of eclipse.'
Facts
Issues
Held
Ratio decidendi
How to use it in an exam
Editorial source
AIR 1955 SC 781; foundational authority for the doctrine of eclipse under Article 13(1)
Educational summary only. Read the reported judgment or an authorised law report before relying on the case professionally.